Curse Of The Bambino
The District of Columbia Court of Appeals has reinstated an attorney who had been reciprocally suspended for two years for misconduct found in Florida and described in a Massachusetts order
Mr. Lakin resigned from his position as an elected Florida circuit judge on March 7, 2016. On April 29, 2019, the Florida Supreme Court suspended the respondent from the practice of law for two years. It disciplined Mr. Lakin for violating the Florida Rules of Professional Conduct or the Rules of Discipline, namely for accepting baseball tickets from plaintiffs’ counsel while their motion for a new trial pended before him without disclosing the gift to defense counsel. The Court found this behavior to violate Rules Regulating the Florida Bar (“RRFB”) 34.3, which prohibits the “commission by a lawyer of any act that is unlawful or contrary to honesty and justice,” and RRFB 4.8.4(a), which prohibits lawyers from “violat[ing] or attempt[ing] to violate the Rules of Professional Conduct.” The Court also decided that Mr. Lakin’s action undermined the public’s belief in the judicial system’s impartiality in violation of RRFB 4-8.4 (d), which prohibits lawyers from engag[ing]’ in conduct. .. that is prejudicial to the administration of justice.” While the Florida Supreme Court adopted the Referee’s factfinding, it ignored his recommendation of a ninety-day suspension and instead dictated its two-year suspension. While a judge, Mr. Lakin presided over a trial that lasted from June 22, 2015 until June 25, 2015. On June 26, 2015, plaintiffs counsel offered Mr. Lakin tickets to the Tampa Bay Rays’ home game against the Boston Red Sox and Mr. Lakin accepted. On July 2, 2015, plaintiffs counsel filed a motion for a new trial. Mr. Lakin held a hearing on that motion on August 21, 2015. On August 25, 2015, he requested and received two more tickets to the Rays game from plaintiffs counsel. On August 26, 2015, he granted plaintiffs motion for a new trial. Mr. Lakin asked for tickets on two more occasions before disclosing the gifts to defense counsel on October 9, 2015, and recusing himself on October 15, 2015. After becoming aware of a pending formal violation against him, Mr. Lakin self-reported to the Florida Judicial Qualification Commission, which filed formal charges against him on February 1, 2016.
Despite this behavior, the Referee found that Mr. Lakin exhibited no bias in ordering a new trial; the respondent had planned to do so anyway. Mr. Lakin’s actions also resulted in no actual injury to the parties because an Appeals Court reversed respondent’s order for a new trial based on the law, not on his misconduct. Mr. Lakin experienced severe stress during this period due to his son’s mental illness. The respondent claimed that the tickets provided a way to spend time with his troubled son. Although the referee noted the son’s mental health issues, he did not list it as a mitigating factor in his report.
(Mike Frisch)